California Insurance Litigation Blog

California Insurance Litigation Blog

Category Archives: Discovery

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Can an ERISA Claims Administrator Engage in Post-Trial Discovery Regarding Benefit Issues? No, Says District Court

Posted in Abuse of Discretion, Attorneys Fees, Case Updates, Disability Insurance, Discovery, ERISA
In what may be a matter of first impression, Judge Cormac J. Carney of the United States Federal District Court for the Central District of California denied Sun Life and Health Insurance Company’s Objections to Proposed Judgment in an ERISA long-term disability insurance claim case handled by McKennon Law Group PC.  As detailed here, Robert … Continue Reading

Submission of the Claim File: Seal or Redact?

Posted in Administrative Record, Discovery, ERISA, Legislation, News
For most insurance litigation, the majority of the evidence used by both sides comes from the claim file, also known as the administrative record in ERISA cases.  The claim file represents the insurance carrier’s written record of its handling and processing of an insurance claim.  Obviously, this information is highly relevant whenever coverage or a … Continue Reading

Under Abatie, Discovery of Profitability Reports is Not Allowed

Posted in Administrative Record, Case Updates, Discovery, ERISA, News
One of the most interesting questions in ERISA litigation is: What constitutes the administrative record for purposes of determining whether the administrator abused its discretion in making a claim determination?  Bartholomew v. Unum Life Ins. Co., 579 F. Supp. 2d 1339 (W.D. Wash. 2008) helped answer this question. Plaintiff, who sued to recover benefits under … Continue Reading